D.o.F:19/3/10

D.o.O:28/5/2010

IN THE CONSUMER DISPUTES REDRESSAL FORUM, KASARAGOD

                                                CC.68/10

                        Dated this, the 28^th     day of May 2010.

PRESENT

SRI.K.T.SIDHIQ                                             : PRESIDENT

SMT.P.RAMADEVI                                   :MEMBER

SMT.P.P.SYAMALADEVI                         : MEMBER      

Abdul Azeez                                                                          : Complainant

S/o K.Moideen haji(late)

T.B.Road, Rubina Manzil,

Hosdurg,Kanhangad.

(in person)

Manager,

KTC  Automobiles Pvt.Ltd.                                                     : Opposite party

N.A.Enclave,Vidyanagar,Kasaagod

(Exparte)

                                    ORDER

SRI.K.T.SIDHIQ  : PRESIDENT:

    Briefly stated, the case of the  complainant is that the opposite party has not yet paid 10,000 rupees that he entitled as per  an exchange scheme conducted by opposite party.  According to  him, he purchased a new Santro car from opposite party by exchanging  his old Maruti 800 CC car bearing Reg.No.KL 14/3261.  As per the exchange scheme announced by opposite party they  ought to have paid him 10,000 rupees.  On enquiry made  with opposite party it was told that the payment will be made as per the priority.  Later opposite party evaded the payment stating  lame excuses.  Hence the complaint claiming 10,000 rupees with compensation of 5000 rupees.

     2.  Though notice issued by registered post is served  on opposite party, they remained absent.  Hence opposite party had to be set exparte.

 3.   Complainant examined as PW1.  ExtsA1 to A3 marked.  Heard the complaint and documents perused.

4.    Ext.A1 is the order booking form issued by opposite party for a Santro XING XL-M car.  In Ext.A1 the space provided for filling the  details of additional fittings/ Job work required as item No.2 it is recorded as 10,000  exchange bonus.  This would go to show that opposite party has offered 10,000 rupees towards the exchange bonus.  PW1 deposed that since his efforts to get the amount failed he caused a lawyer notice on 18/8/2008.  Though opposite party received the same,  they neither paid the amount nor sent any reply. 

        The offer of exchange bonus and non payment of the amount even after receiving the  vehicle amounts to unfair trade practice.

     Therefore, the complaint is allowed and opposite party is directed to pay 10,000 rupees to  the complainant together with a compensation of 5000 rupees and a cost of  2000 rupees.  Time for compliance is limited to 30 days from the date of receipt of copy of order .  Failing which opposite party shall further liable to pay interest @12% per annum for 10,000 rupees from  the date of complaint till payment.

Sd/                                                               Sd/                                   Sd/

MEMBER                                                      MEMBER                           PRESIDENT

Exts:

A1-Order booking form

A2-18/8/08-lawyer otice

A3-postal acknowledgment

  Sd/                                                                     Sd/                                         Sd/

MEMBER                                                      MEMBER                           PRESIDENT

eva/

                        /Forwarded by Order/

                                                                                SENIOR SUPERINTENDENT